Supreme Court Clarifies Applicability of CrPC to PMLA Trials

Supreme Court Clarifies Applicability of CrPC to PMLA Trials

In a significant judgment, the Supreme Court has clarified the applicability of the Code of Criminal Procedure (CrPC) to trials under the Prevention of Money Laundering Act (PMLA). The Court held that once cognizance is taken under Section 44(1)(b) of the PMLA, the provisions of the CrPC, specifically Sections 200-205, come into play. This means that the Enforcement Directorate (ED) cannot exercise its power of arrest if the accused has not been arrested prior to the issuance of summons.

This judgment has significant implications for the conduct of PMLA trials, as it ensures that the procedural safeguards under the CrPC are adhered to. The Court’s ruling provides clarity on the interplay between the PMLA and the CrPC, which will help streamline the trial process and protect the rights of accused individuals.

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